Region: Sub-Saharan Africa
Keywords: Legal Framework
The Public Private Partnership Act, 2020 (Act 1039) (“PPP Act”) came into force on 29 December 2020. Act 2019 replaces the 2011 national policy on PPPs.
Draft bill building on the PPP Policy 2011
One of the main objectives of this bill on public-private partnerships is to encourage and promote local content in PPP projects (Section 1 – Objectives). Likewise, just as the Ghanaian National PPP Policy, the Bill includes local content and technology as a guiding principle. It also mandates how it should be implemented. For example, a PPP project may require a private sector PPP proponent to submit a Local Content Plan to the Contracting Entity in response to any Request for Proposals, and show how the project may promote local industries and the private sector in Ghana and the objectives of improving the local context of PPP projects (Section 3 – Guiding Principles To Be Observed - 5).
Furthermore, on Section 122, the Bill indicates that the Minister may prescribe the requirements for local content in PPP arrangement and such prescriptions may cover: “(a) Scope of local employment; (b) Technology upgrade and transfer; (c) Skill upgrade and transfer; (d) Intellectual property transfer”.
Updated: November 3, 2021